RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN CITY OWNED PROPERTY LOCATED NORTH OF AND ADJACENT TO 1916 NORTH RIVERSIDE AVENUE IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, (A PORTION OF APN 0127-023-04) IS EXEMPT SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE; AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the City of Rialto (“City”) is the owner in fee simple of that certain real property located adjacent to the northern boundary of the property at 1916 North Riverside Avenue, Rialto, San Bernardino County, State of California and commonly referenced as a portion of Assessor’s Parcel Number 0127-023-04 and described with greater particularity in Exhibit A, and shown on Exhibit B, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the Property is approximately 923 square feet in size and is vacant, unimproved land; and WHEREAS, the City acquired a 3.23 acre parcel, of which the Property is a portion, on February 28, 1979; and WHEREAS, the City has determined that the Property is no longer necessary for the City’s use; and WHEREAS, under the Surplus Land Act, Government Code Section 54220 et seq. (“Act”), surplus land is land owned in fee simple by the City for which the City’s governing body takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City’s governing board, for City work or operations; and WHEREAS, the City desires to declare that the Property is exempt surplus land and not necessary for the City’s use; and WHEREAS, the City received a request from Midland Oil Group, LLC, a California limited liability company, (“Midland”), to acquire the Property at a purchase price of $15.00 per square foot for a total purchase price of $13,845; and WHEREAS, Midland owns the adjacent property located at 1916 N. Riverside Ave., identified by Assessor’s Parcel Number (APN) 0127-023-02, and desires to expand its commercial operation through acquisition of the Property from the City; and WHEREAS, the City has determined that the Property has limited development capability and is not necessary for future City use; and WHEREAS, the City Council has considered and approved the proposed purchase price of $13,845 for the Property as submitted by Midland; and WHEREAS, the City Council desires to sale the Property to Midland and to authorize the City Manager to take all actions necessary for its disposition to Midland; and WHEREAS, the staff report presented to the City Council, together with this Resolution, contains the factual background and supporting information upon which the declaration and findings set forth herein are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO HEREBY RESOLVES AS FOLLOWS:
Section 1: Recitals Correct. The foregoing recitals are true and correct, and incorporated herein by this reference.
Section 2: Use Finding. The City Council finds that the Property is not necessary for the City’s use as described in the preceding recitals and the staff report accompanying this Resolution.
Section 3: Surplus Declaration. The City Council hereby declares that the Property is exempt surplus land pursuant to Government Code Section 54221(f)(1)(B) because (i) it is less than 5,000 square feet in area, and (ii) it is to be sold to an owner of contiguous land.
Section 4: CEQA Determination. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff have determined that the designation of the Property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment of a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and the purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will analyzed at the appropriate time in accordance with CEQA.
Section 5: Notice of Exemption. The City Clerk of the City of Rialto is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 6: General Authorization. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, including execution of a Purchase and Sale Agreement with Midland Oil Group, LLC, a California limited liability company, as may be recommended for approval by the City Attorney.
Section 7: Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 8: Certification. The City Clerk of the City of Rialto shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Rialto shall cause this Resolution and the City Clerk’s certification to be entered in the File of Resolutions of the City of Rialto City Council.
PASSED, APPROVED AND ADOPTED this ____ day of ______, 2022. ____________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
____________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the _____ day of _______, 2022.
Upon motion of Councilmember ____________, seconded by Councilmember _______________, the foregoing Resolution No. _______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ______________________________________
BARBARA A. McGEE, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT B
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